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Oct 8, 2012
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lani guinier, the professor of law at the harvard school of law. richard sander, a law professor and economist at the university of california at los angeles. and you have already met richard kahlenberg of the century foundation. please welcome our panelists. [applause] by way of getting us started, i am going to ask each of our panelists, if they will react to presentation and the information contained in his report as a way of getting started for our conversation. we will start with mr. connerly. >> thank you for inviting me. i was very impressed by the report, as well as your presentation. i recall very distinctly when i graduated from college in 1962 -- the anxiety that i had about entering the work force, wondering whether i would be given a fair chance to apply and be hired. a year later, affirmative action came along and the anxiety that i had was quieted substantially because i thought that i would get that fair chance. that same anxiety is there today for a large number of students to sense the demise of race- based affirmative action, so
lani guinier, the professor of law at the harvard school of law. richard sander, a law professor and economist at the university of california at los angeles. and you have already met richard kahlenberg of the century foundation. please welcome our panelists. [applause] by way of getting us started, i am going to ask each of our panelists, if they will react to presentation and the information contained in his report as a way of getting started for our conversation. we will start with mr....
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Oct 9, 2012
10/12
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when it comes to social security and tax law and visitation and adoption. as long as there are two classes of citizenship we have work to do. there is an urgency. this is a mission. it is not a gay mission or a straight mission. it is not a black mission or a white mission. this is the american mission. the lies of this battle are not demarcated on any map. they run from neighborhood and towns all over this nation. as long as there are children in pain in their own neighborhoods and communities, reluctant and fearful. as long as their are two people in love the stand before god and their fellow man but cannot declare themselves married just like their brothers and sisters. as long as this humiliation is heaped upon people who refused to be victims, and know they will be victors. we have work to do to get to that point. this is a call. i see this in new jersey. we are battling in that ranch. new jersey is a state line. i am a prisoner of hope. no person, no organization can stand in the way of this country as it marches toward freedom, opportunity, and equal
when it comes to social security and tax law and visitation and adoption. as long as there are two classes of citizenship we have work to do. there is an urgency. this is a mission. it is not a gay mission or a straight mission. it is not a black mission or a white mission. this is the american mission. the lies of this battle are not demarcated on any map. they run from neighborhood and towns all over this nation. as long as there are children in pain in their own neighborhoods and...
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Oct 9, 2012
10/12
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was not considered to be federal law, neither federal law nor state law. if that were so, every tort action, which in those days were decided under -- under a general law that was up there in the sky, would have been a federal -- a federal claim. >> but there were -- there was certain -- there were certain norms that were believed to be part of the law of nations, including piracy and attacks on ambassadors, and they were governed by universal standards. >> common law. it's general common law. >> well, but i think this court found in sosa that that -- that that part of common law at the time has become customary international law, and that the courts of this country have not lost their ability to enforce the same kinds of law of nations norms as the founders wanted to enforce in the alien tort statute in the context of universal human rights norms. >> well, that isn't the issue. the issue is whether when they do so they are enforcing federal law or not. >> i think this court said that the federal common law within one of the exceptions to erie -- i think t
was not considered to be federal law, neither federal law nor state law. if that were so, every tort action, which in those days were decided under -- under a general law that was up there in the sky, would have been a federal -- a federal claim. >> but there were -- there was certain -- there were certain norms that were believed to be part of the law of nations, including piracy and attacks on ambassadors, and they were governed by universal standards. >> common law. it's general...
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Oct 9, 2012
10/12
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i do like virginia's laws based on freedom and disclosure. and if there was more freedom, more of the contributions would come to the campaigns. what i would like to see in any ads that are run, whether run by candidates or independent groups, including the ones that are running negative ads that are false and misleading about me, is honesty. tim has brought up this issue of pay. and he's running these ads saying that, quote, he's setting a positive example by cutting his pay as governor. and he attacks the owner. attacked me today again on it. let me give you the truthful facts and you be the judge. as governor day one i returned 10% of my salary. all four years. mark warner followed up after me a few years later and cut his by 20%. what did tim do? he didn't cut his pay at all. when he came in, he could have found followed mark warner or my example but it was well into second year as governor he cut it by just 5%. so i was the one who actually set the positive example, tim, that you followed by you did do it half heartedly. and as far as in
i do like virginia's laws based on freedom and disclosure. and if there was more freedom, more of the contributions would come to the campaigns. what i would like to see in any ads that are run, whether run by candidates or independent groups, including the ones that are running negative ads that are false and misleading about me, is honesty. tim has brought up this issue of pay. and he's running these ads saying that, quote, he's setting a positive example by cutting his pay as governor. and...
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Oct 5, 2012
10/12
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college of law. corporate liability for human rights violations outside the united states, after an argument in the supreme court. this event is being broadcast on c-span. please know you can send questions for our speakers. that is for the question and answer time. a couple of quick announcements. first, we would like to think jennifer dobson and her staff, the facilities and public relations teams, the navy and technology folks, and everyone else who has helped put this together, including the staff at the earthrights international. this is being co-sponsored by a program on comparative and environmental law and the international legal studies program. before i introduced the speakers, for those interested, we are also hosting a conference october 15 about the human rights system. you can check the website for more information about that conference. in its first argument of the term, the supreme court heard the arguments in -- rearguments in kiobel versus dutch petroleum, under the human rights cla
college of law. corporate liability for human rights violations outside the united states, after an argument in the supreme court. this event is being broadcast on c-span. please know you can send questions for our speakers. that is for the question and answer time. a couple of quick announcements. first, we would like to think jennifer dobson and her staff, the facilities and public relations teams, the navy and technology folks, and everyone else who has helped put this together, including...
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Oct 8, 2012
10/12
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this current law is not going to do that. it will continue to drive up health-care costs and the cost of insurance premiums. >> you have 90 seconds. >> let me tell you why -- why i have dedicated my life to the idea that everyone should have access to decent health care. there's a woman in connecticut who has worked hard all her life and so has her husband. her husband was switching jobs and in between those two jobs, during the week he was unemployed, their son was diagnosed with cancer. when it would to get insurance on her husband's new plan, they would not provide for because he had a pre-existing condition. one week or two weeks of a lifetime and they didn't have insurance. they lost everything. they lost their house, their savings, they became destitute simply because an illness happened at the wrong time. there is no repeal and replace plan. republicans in washington have voted to repeal is built 33 times that have never offered a replacement. we'd to protect this bill and perfected going forward. matters for small bus
this current law is not going to do that. it will continue to drive up health-care costs and the cost of insurance premiums. >> you have 90 seconds. >> let me tell you why -- why i have dedicated my life to the idea that everyone should have access to decent health care. there's a woman in connecticut who has worked hard all her life and so has her husband. her husband was switching jobs and in between those two jobs, during the week he was unemployed, their son was diagnosed with...
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Oct 8, 2012
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at what point is there a law of diminishing returns? guest: if your campaign has the money, you cannot go quiet. i think he would be at a disadvantage, if they go dark. more importantly, to answer the question, the vote in ohio is today, this week. these candidates are doing everything that they can, restructuring to some degree. mitt romney and the president talking directly to the camera, making their appeal. i think that dan is right. this is one of five states in the country where, commercial after commercial, candidates have a presence. this is key to their strategy. host: coming after just one debate, there are two more scheduled. is it a good idea to have early voting when this race could change for the president or for mitt romney? guest: personally, i think it is a good idea to have early voting. it is important to provide that for the convenience of the voters. the jury is still out to the extent as to if early voting increases turned out, but what we have seen across the country in recent decades and recent years is a sharp u
at what point is there a law of diminishing returns? guest: if your campaign has the money, you cannot go quiet. i think he would be at a disadvantage, if they go dark. more importantly, to answer the question, the vote in ohio is today, this week. these candidates are doing everything that they can, restructuring to some degree. mitt romney and the president talking directly to the camera, making their appeal. i think that dan is right. this is one of five states in the country where,...
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Oct 8, 2012
10/12
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there were people in law from conference rooms where they could get an internet connection. people working at starbucks where they could get an internet connection, people working at their kitchen tables around town. all of a sudden, around april 1 we start moving into our headquarters finally. this is six weeks away from the announcement or maybe even longer. just this big space, far bigger than this room, about three times the size of this room on the whole floor of a high-rise building in chicago. it was remarkable. we did not have everybody in yet, but we were still getting our servers up. we had phones ringing and people try to answer phones. we had e-mail coming into our e- mail address and did not even have a system to receive e-mail in a real way that. you that. we had mail coming in but we did not have a budget yet. we had constituency leaders calling our political department because they wanted to have time with the candidate. we had fund-raisers. we had to raise money with this little-known barack obama brand against what was really a mismatch against hillary clin
there were people in law from conference rooms where they could get an internet connection. people working at starbucks where they could get an internet connection, people working at their kitchen tables around town. all of a sudden, around april 1 we start moving into our headquarters finally. this is six weeks away from the announcement or maybe even longer. just this big space, far bigger than this room, about three times the size of this room on the whole floor of a high-rise building in...
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Oct 5, 2012
10/12
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she went to the university of michigan law school where she was an editor of the michigan law review. she was on the senate judiciary staff. private law practice in new york city. her latest book is called "mugged." host: we have a tweet. guest: that means telling the truth about a candidate. it is a term from a book. host: john from pennsylvania. caller: i wish c-span we do a series on the platforms of the republican party and the democrat party. i think it would clear a lot of stuff up. the republican party was the poet that stood up against polygamy and mormonism. the mormons had hundreds of christians as they went to california and landed on the native americans because they had -- brigham young had more than 50 wives and more than 12- year-old lives than warren jeffs had. concerning the amount of money that goes to the oil subsidies. guest: can we take one at a time? let's stick with the mormon bashing. that goes back to my earlier answer on gay marriage. this country almost fought a civil war against the mormons because of polygamy. people understand it the start understanding t
she went to the university of michigan law school where she was an editor of the michigan law review. she was on the senate judiciary staff. private law practice in new york city. her latest book is called "mugged." host: we have a tweet. guest: that means telling the truth about a candidate. it is a term from a book. host: john from pennsylvania. caller: i wish c-span we do a series on the platforms of the republican party and the democrat party. i think it would clear a lot of stuff...
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Oct 3, 2012
10/12
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but we are a nation of laws. he apparently had a brother that was killed in an automotive who was mugged. of prepared as he was, that is the nature of the presidency. things will happen for which you are not prepared, and i thought it may have been an unfair glimpse, but it was also telling, and i defend the question. >> what does the canada do when a question like that is posed the comes out of left field? it does reach to sometimes the heart of your character or personality? >> i think he did the right thing. there was no pause. there was no interruption. he went straight to the main point of the argument, which is i oppose the death penalty. even under the circumstances. that it drove off from there. this really speaks to what the public expects. >> i think what he probably should have done is answer the question on two levels. one would be my personal reaction would be horrible, i want to kill the person, but we are a nation of laws. i think what people were looking for was a telling sign of what kind of lead
but we are a nation of laws. he apparently had a brother that was killed in an automotive who was mugged. of prepared as he was, that is the nature of the presidency. things will happen for which you are not prepared, and i thought it may have been an unfair glimpse, but it was also telling, and i defend the question. >> what does the canada do when a question like that is posed the comes out of left field? it does reach to sometimes the heart of your character or personality? >> i...
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Oct 7, 2012
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had judge borke been a justice, i suppose he would not have supported many important laws that i like, including roe v. wade. that's why i was the first chairman of the judiciary committee to forthrightly state that it matters what your judiciary process is. i did change on that, and i'm glad i did. >> governor, there have been times as mayor and governor there were bills that i did not veto. those could be considered issues that i quisi caved in on, if you will, in order to work with the legislative body. that body actually holds the purse strings. there were times when i wanted to zero base budget and cut taxes even more, and i cannot have enough support in order to accomplish that. but on the major principle things, no, there hasn't been something that i have had to compromise on, because we have always seemed to find a way to work together. up in lass lass we have worked together not caring who gets the credit for what as we accomplish things up there. that's just been a part of the operation that i wanted to participate in, and that's what we're going to do in washington, d.c. al
had judge borke been a justice, i suppose he would not have supported many important laws that i like, including roe v. wade. that's why i was the first chairman of the judiciary committee to forthrightly state that it matters what your judiciary process is. i did change on that, and i'm glad i did. >> governor, there have been times as mayor and governor there were bills that i did not veto. those could be considered issues that i quisi caved in on, if you will, in order to work with the...
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Oct 3, 2012
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. -- and daughter in law. agriculture is important in this state. what is important is that we always work together as a state. there are urban interests and rural interests and they coincide. because of agriculture's importance to the state of nebraska -- for instance, one in three jobs are dependent on the ag economy. we need to keep it in mind. it is a balancing act. i have done it in the last eight years in the legislature, handling that balancing act. that is how we grow our economy. in fact, we have weathered this economy fairly well here in the state of nebraska because the ago economy has been strong, -- because the ag economy has been strong, because it has carried us through. that is recognized all across the state. >> senator, kerrey, 30 seconds. >> everything she sedition i -- i agree with. i am not quite sure what she said. my problem with what senator fisher talks about here and in other areas is that her signing of the northwest pledge, her -- grover norquist pledge, her support of this particular balanced budget amendment will necess
. -- and daughter in law. agriculture is important in this state. what is important is that we always work together as a state. there are urban interests and rural interests and they coincide. because of agriculture's importance to the state of nebraska -- for instance, one in three jobs are dependent on the ag economy. we need to keep it in mind. it is a balancing act. i have done it in the last eight years in the legislature, handling that balancing act. that is how we grow our economy. in...
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Oct 7, 2012
10/12
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but it's the same law it's the same law that lets you invite high priced lobbyists down to williamsburg. and bring them down there and entertain them playing golf, playing tennis, and bringing republican senators down there, to have exchanged for that contributions to their campaign. it's the same kind of law that lets you have honorariums and you've collected over a quarter of a million dollars of honorariums now, speaking to various interest groups. and there's no control over what you do with that money. you can spend it on anything you want to. you can spent it on golf club dues, if you want to do that. [applause] >> now, that's what i've seen you do in this administration. and that's why we need campaign reform laws, and why i support them. and you in turn have voted against them time and time again. [applause] >> john margolis, question for senator quayle. >> senator quayle, in recent years the reagan administration has scaled back the activities of the occupational safety and health administration, prompted in part by vice president bush's task force on regulatory relief. the bud
but it's the same law it's the same law that lets you invite high priced lobbyists down to williamsburg. and bring them down there and entertain them playing golf, playing tennis, and bringing republican senators down there, to have exchanged for that contributions to their campaign. it's the same kind of law that lets you have honorariums and you've collected over a quarter of a million dollars of honorariums now, speaking to various interest groups. and there's no control over what you do...
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Oct 7, 2012
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in addition to that, what president put that into law? why not, if it was not for the benefit of the constituents? guest: first of all, the capital gains preference dates back throughout the entire history of the income tax. there were a couple of years in the late 1980's where they were taxed. as far as the history of income tax, and for capital gains on corporate stocks, the evidence is compelling that this is in come at the corporate level. to tax it again at the individual level, it puts a penalty and corporations for issuing stock instead of debt. it would be a mistake to keep it in place. i think that the same point applies to dividends as well. capital gains also apply to land. one point to keep in mind there is that you cannot push the rating too high. people become reluctant to sell their assets. you are not taxed until the asset is sold. there is an upper limit to how far you can push it. but you could still hit 14% with more revenue. host: -- guest: some have indicated that the rate is around 28%, where would not affect what pe
in addition to that, what president put that into law? why not, if it was not for the benefit of the constituents? guest: first of all, the capital gains preference dates back throughout the entire history of the income tax. there were a couple of years in the late 1980's where they were taxed. as far as the history of income tax, and for capital gains on corporate stocks, the evidence is compelling that this is in come at the corporate level. to tax it again at the individual level, it puts a...